Mukesh Ganpat Nimse vs State of Maharashtra and… — Murder and Culpable Homicide | Bombay HC (2025)

Mukesh Ganpat Nimse vs State of Maharashtra and… — Murder and Culpable Homicide | Bombay HC (2025)

33-IA-1368-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 1368 OF 2025

IN

APPEAL NO. 373 OF 2025

Mukesh Ganpat Nimse … Applicant V/s.

State of Maharashtra and another.

… Respondents.

Mr.Anuj Singh with Mr.Vinod Patil, Ms.Anima Mishra i/b. Dhaara Legal for the Applicant. Mr.Amit A. Palkar, A.P.P. for the Respondent- State.

SANJAY KASHINATH NANOSKAR

Digitally signed by SANJAY KASHINATH NANOSKAR Date: 2025.12.18 10:51:46 +0530

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 3^rd DECEMBER 2025.

P.C.:-

This is an Application for suspension of sentence and release of Applicant on bail during pendency of his Appeal.

The Applicant has been convicted under sections 302 and 397 of Indian Penal Code and sentenced to suffer life imprisonment by the learned Additional Sessions Judge, Kalyan, District- Thane in Sessions Case No.347 of 2017 by its Judgment and Order dated 24^th March 2025.

Heard Mr.Singh, learned Advocate for the Applicant and learned A.P.P. for the Respondent- State. Perused record.

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33-IA-1368-2025.doc

1. The deceased namely Sandhya Nemase was wife of PW-1. The

Applicant was neighbour of the deceased. The date and time of incident is 9^th August 2017 between 10.30 a.m. and 2.30 p.m. The motive behind the present crime is committing robbery of the ornaments of the deceased.

The evidence of PW-7 i.e. Autopsy Surgeon indicates that the

deceased had suffered following external injuries:

“1. Imprint abrasion two in number L shaped admeasuring 5 cm x 1½ cm right outer and upper quadrent of the right breast.

Imprint abrasion L shaped 3 cm x 1½ cm.

CLW over right eyebrow measuring 3cm x 2cm x 2cm.

CLW three in number right parieto frontal region obliquily placed 3cm x 2cm x 2 cm.

CLW over right parieto frontal region 4cmx2cmx3cm

CLW over base of nose measuring 2cm x 1cm x 1cm

contusion over face on the right side extending from right ear upto right supra orbital and right parietal region 15 cm x 12 cm.

The deceased had suffered following internal injuries:

“1. Depressed fracture of right temporal bone.

Depressed fracture of right parietal bone

Depressed fracture of frontal bone right side.

Depressed fracture of nasal bone.”

The internal injuries are corresponding to the external injuries.

4.1) The weapon used in the present crime is stone weighing approximately 10 kg. The skull of the deceased was smashed by the said stone. There is recovery at the instance of the Applicant of the ornaments of the deceased under section 27 of the Evidence Act. The said Recovery Panchanama has been duly proved by P.W.-5 i.e. pancha witness to the said

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Panchanama. The circumstance of recovery was put to the Applicant while recording his statement under section 313 of Cr.P.C. to which he has answered in simple denial and has not offered any explanation regarding recovery at his behest. Recovery of the ornaments of the deceased at the behest of the Applicant is a very strong circumstance. There are other attending circumstances which have been properly considered by the trial Court while convicting the Applicant.

Applicant was the neighbour of the deceased. The prosecution has expressed an apprehension that, if the Applicant is released on bail, there is every possibility that he may threaten the witnesses and cause harm to them.

In view of the above and after taking overall view of the matter, according to us, Applicant does not deserve to be released on bail at this stage.

Application is accordingly rejected.

(RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.)

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